kind, in the same quantity, weight, measure, and quality, or the value thereof; or where he is entitled to the product, the value thereof in place of the product. En. March 21, 1872. § 1033. Wrongdoer liable in damages. One who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this chapter. En. March 21, 1872. Cal.Rep.Cit. 106, 205. TITLE IV. TRANSFER. Chapter I. Transfer in General, §§ 1039-1085. 1039. Transfer, what. Transfer is an act of the parties, or of the law by which the title to property is conveyed from one living person to another. En. March 21, 1872. Cal.Rep.Cit. 58, 15; 58, 484; 106, 205. § 1040. Voluntary transfer. A voluntary transfer is an executed contract, subject to all rules of law concerning Civ. Code-12 contracts in general; except that a consideration is not necessary to its validity. En. March 21, 1872. Cal.Rep.Cit. 75, 532; 79, 530; 95, 74; 108, 659; 122. 428. ARTICLE II. WHAT MAY BE TRANSFERRED. § 1044. What may be transferred. § 1045. § 1046. 1047. Possibility. Right of re-entry can be transferred. § 1044. What may be transferred. Property of any kind may be transferred, except as otherwise provided by this article. En. March 21, 1872. Cal.Rep.Cit. 74, 623; 84, 283; 109, 37. § 1045. Possibility. A mere possibility, not coupled with an interest, cannot be transferred. 1872. Cal.Rep.Cit. 74, 623; 104, 584; 138, 361. § 1046. En. March 21, Right of re-entry can be transferred. A right of re-entry, or of repossession for breach of condition subsequent, can be transferred. En. March 21, 1872. Cal. Rep.Cit. 74, 623. § 1047. Owner ousted of possession may transfer. Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession. En. March 21, 1872. Cal.Rep.Cit. 55, 128; 74, 623. Mortgage upon property held adversely: See post, sec. § 1056. § 1057. § 1058. § 1059. § 1060. Delivery necessary. Delivery to grantee is necessarily absolute. Delivery in escrow. Surrendering or canceling grant does not reconvey. Constructive delivery. Gratuitous grants take effect immediately; exception. (Repealed.) § 1052. When oral. A transfer may be made without writing, in every case in which a writing is not expressly required by statute. En. March 21, 1872. Cal.Rep.Cit. 70, 452; 121, 377; 128, 530; 128, 633. What contracts must be in writing: See post, sec. 1624. Unlawful transfers: See secs. 1227 et seq. Fraudulent instruments and transfers: See post, secs. 3439 et seq. § 1053. Grant, what. A transfer in writing is called a grant, or conveyance, or bill of sale. The term "grant," in this and the next two articles, includes all these instruments, unless it is specially applied to real property. En. March 21, 1872. Am'd. 1873-4, 225. Cal Rep.Cit. 134, 605. Covenants implied from a “grant” of realty: sec. 1113. 55, 565; 58, 15; 67, 556; 93, 668; 101, 240; See post, 1054. Delivery necessary. A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor. En. March 21, 1872. Cal.Rep.Cit. 51, 74; 67, 556; 127, 467. Constructive delivery: See sec. 1059, infra. Contract in writing takes effect only from delivery: See post, sec. 1626. $1055. Date. A grant duly executed is presumed to have been delivered at its date. En. March 21, 1872. Cal Rep.Cit. 61, 148; 75, 243; 108, 268; 120, 315; 122, 362; 135, 314; 135, 319. § 1056. Delivery to grantee is necessarily absolute. A grant cannot be delivered to the grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made. En. March 21, 1872. Cal.Rep.Cit. 55, 565; 137, 531. $1057. Delivery in escrow. A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take effect. While in the possession of the third person, and subject to condition, it is called an escrow. En. March 21, 1872. Cal.Rep.Cit. 101, 240; 125, 149. § 1058. Surrendering or canceling grant does not reconvey. Redelivering a grant of real property to the grantor, or canceling it, does not operate to retransfer the title. En. March 21, 1872. § 1059. Constructive delivery. Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases: 1. Where the instrument is, by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery; or, 2. Where it is delivered to a stranger for the benefit of the grantee, and his assent is shown, or may be presumed. En. March 21, 1872. Cal. Rep. Cit. 55, 565; 67, 556; 67, 557; 128, 546. § 1060. Gratuitous grants take effect immediately; exception. (Repealed.) En. March 21, 1872. Rep. 1873-4, 225. § 1070. § 1071. 1072. Interpretation against grantor. Irreconcilable provisions. Meaning of "heirs" and "issue," in certain remainders. § 1066. Grants, how interpreted. Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided in this article. En. March 21, 1872. Cal.Rep. Cit. 103, 518; 104, 300. Interpretation of contracts: See post, secs. 1636, 1641. § 1067. Limitations, how controlled. A clear and distinct limitation in a grant is not controlled by other words less clear and distinct. En. March 21, 1872. Cal.Rep.Cit. 86, 522. $1068. Recitals, when resorted to. If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the construction. En. March 21, 1872. § 1069. Interpretation against grantor. A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a private party is to be interpreted in favor of the grantor. En. March 21, 1872. Cal. Rep. Cit. 83, 63; 94, 203; 108, 44; 118, 175; 128, 288; 138, 586. $1070. Irreconcilable provisions. If several parts of a grant are absolutely irreconcilable, the former part prevails. En. March 21, 1872. Cal.Rep.Cit. 94, 203; 103, 518; 104, 300. 1071. Meaning of "heirs" and "issue," in certain remainders. Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean successors, or issue living at the death of the person named as ancestor. En. March 21, 1872. § 1072. Words of inheritance unnecessary. Words of inheritance or succession are not requisite to transfer a fee in real property. En. March 21, 1872. Cal.Rep.Cit. 68, 561; 91, 81; 104, 301; 138, 586. A fee-simple is presumed to be intended to be conveyed, unless the contrary appears from the grant: See post, sec. 1105. Devise of fee.-Word "heirs" not necessary: See post, sec. 1329. What estate a fee: See ante, sec. 762. ARTICLE V. EFFECT OF TRANSFER. § 1083. What title passes. 1084. Incidents. 1085. Grant may inure to benefit of stranger. §1083. What title passes. A transfer vests in the transferee all the actual title to the thing transferred which the |